The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The sentence of the lower court (four months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

On October 20, 2016, the Defendant was sentenced to one year for larceny of intrusion upon a structure at night at the Busan District Court, and the judgment became final and conclusive on February 10, 2017. The Defendant’s crime and fraud for which the judgment in the lower court rendered against the Defendant became final and conclusive on February 10, 2017, shall be sentenced to punishment for the crime as stated in the lower judgment in consideration of the equity among the cases where the Defendant simultaneously ruled the crime in accordance with the main sentence of Article 39(1) of the Criminal Act in relation to a group

In this regard, the prosecutor added "Article 37 to the latter part and Article 39 (1) of the Criminal Act" to "Article 39 (1) of the Criminal Act" in the provisions of the law applicable to the indictment of this case in the trial of the party, and "the defendant was sentenced to imprisonment with prison labor for one year for the crime of intrusion into night structures at the Busan District Court on October 20, 2016 and the judgment became final and conclusive on February 10, 2017.

“A request for amendments to Bill of Indictment was filed,” and this Court allowed this.

In this respect, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's unfair argument of sentencing, on the grounds of the above ex officio reversal.

Criminal facts

The summary of the facts constituting a crime and the summary of the evidence acknowledged by the court below are as follows. The first head of the court below’s judgment’s “criminal facts” stated in the first head as follows: “The Defendant was sentenced to one year by imprisonment for a crime of intrusion into night structures at the Busan District Court on October 20, 2016 and the judgment became final and conclusive on February 10, 2017; and “a summary of the evidence” stated in the column for “1. Criminal records: Investigation report (verification of final and conclusive judgment), summary information of the case, and copy of the judgment”; and thus, it is identical to each corresponding column of the court below’s judgment pursuant to Article 369 of the Criminal Procedure Act.